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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- S 0687 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001412 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO BUSINESSES AND PROFESSIONS -- NURSES |
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| 16 | 16 | | Introduced By: Senators Valverde, Lauria, and Thompson |
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| 17 | 17 | | Date Introduced: March 07, 2025 |
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| 18 | 18 | | Referred To: Senate Health & Human Services |
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| 19 | 19 | | (Dept. of Health) |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Sections 5-34-4, 5-34-7, 5-34-9, 5-34-14, 5-34-19, 5-34-24, 5-34-24.1, 5-34-1 |
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| 23 | 23 | | 25, 5-34-26 and 5-34-31 of the General Laws in Chapter 5-34 entitled "Nurses" are hereby amended 2 |
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| 24 | 24 | | to read as follows: 3 |
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| 25 | 25 | | 5-34-4. Board of nursing — Establishment — Composition — Appointment, terms, 4 |
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| 26 | 26 | | and removal of members — Director of nurse registration and nursing education. 5 |
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| 27 | 27 | | (a) Within the division of professional regulation, pursuant to chapter 26 of this title, there 6 |
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| 28 | 28 | | is a board of nurse registration and nursing education, sometimes referred to herein as the “board 7 |
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| 29 | 29 | | of nursing.” The board shall be composed of fifteen (15) members. The term of office shall be for 8 |
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| 30 | 30 | | three (3) four (4) years. No member shall serve more than two (2) consecutive terms. The member 9 |
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| 31 | 31 | | shall serve until a qualified successor is appointed to serve. In making those appointments, the 10 |
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| 32 | 32 | | director of the department of health shall consider persons suggested by professional nurse 11 |
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| 33 | 33 | | organizations and the practical nurse’s association. 12 |
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| 34 | 34 | | (b) Present members of the board holding office under the provisions of this chapter shall 13 |
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| 35 | 35 | | serve as members of the board until the expiration of their terms or until qualified successors are 14 |
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| 36 | 36 | | appointed. The fifteen-member (15) board shall include: eleven (11) twelve (12) professional 15 |
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| 37 | 37 | | nurses, two (2) practical nurses one practical nurse appointed by the director of health and approved 16 |
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| 38 | 38 | | by the governor, and two (2) members of the general public appointed by the governor. Three (3) 17 |
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| 39 | 39 | | professional nurses shall be from different basic education programs preparing students to become 18 |
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| 40 | 40 | | nurses; one professional nurse shall be from a nursing service administration; four (4) five (5) 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001412 - Page 2 of 11 |
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| 44 | 44 | | professional non-administrative, clinical nurses not licensed as advanced practice nurses; and three 1 |
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| 45 | 45 | | (3) professional advanced practice nurses, one who holds a license as a certified registered nurse 2 |
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| 46 | 46 | | anesthetist, one who holds a license as a certified registered nurse practitioner, and one who holds 3 |
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| 47 | 47 | | a license as a certified clinical nurse specialist. No educational program or cooperating agency shall 4 |
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| 48 | 48 | | have more than one representative on the board. 5 |
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| 49 | 49 | | (c) The director of health may remove any member from the board for cause including, but 6 |
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| 50 | 50 | | not limited to, neglect of any duty required by law, incompetence, unprofessional conduct, or 7 |
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| 51 | 51 | | willful misconduct. A member subject to disciplinary proceedings shall be disqualified from board 8 |
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| 52 | 52 | | business until the charge is adjudicated. There shall also be a director of nurse registration and 9 |
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| 53 | 53 | | nursing education appointed by the director of health in accordance with the provisions of chapter 10 |
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| 54 | 54 | | 4 of title 36. 11 |
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| 55 | 55 | | 5-34-7. Board of nursing — General powers. 12 |
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| 56 | 56 | | The board of nurse registration and nursing education is authorized, subject to the approval 13 |
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| 57 | 57 | | of the director of the department of health, to: 14 |
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| 58 | 58 | | (1) Adopt, review, or revise rules and regulations consistent with the law that may be 15 |
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| 59 | 59 | | necessary to effect provisions of the chapter; 16 |
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| 60 | 60 | | (2) Approve nursing education programs according to the rules established by the board; 17 |
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| 61 | 61 | | (3) Require standards for nursing practice within organized nursing services and the 18 |
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| 62 | 62 | | individual practice of licensees; 19 |
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| 63 | 63 | | (4) Approve the examinations for licensure; 20 |
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| 64 | 64 | | (5) Establish requirements to validate competence for reinstatement to the active list; 21 |
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| 65 | 65 | | (6) Conduct hearings upon charges calling for discipline of a licensee or revocation of a 22 |
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| 66 | 66 | | license; 23 |
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| 67 | 67 | | (7) Issue subpoenas to compel the attendance of witnesses and administer oaths to persons 24 |
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| 68 | 68 | | giving testimony at hearings; 25 |
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| 69 | 69 | | (8) Cause the prosecution or enjoinder of all persons violating this chapter; 26 |
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| 70 | 70 | | (9) Maintain a record of all its proceedings; 27 |
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| 71 | 71 | | (10) Submit an annual report to the director of the department of health; 28 |
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| 72 | 72 | | (11) Utilize other persons who may be necessary to carry on the work of the board; 29 |
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| 73 | 73 | | (12) Conduct public hearings, investigations, and studies of nursing practice, nursing 30 |
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| 74 | 74 | | education, and related matters and prepare and issue publications that, in the judgment of the board, 31 |
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| 75 | 75 | | allow the nursing profession to provide safe, effective nursing services to the public; 32 |
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| 76 | 76 | | (13) Determine qualifications necessary for prescriptive privileges for advanced practice 33 |
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| 77 | 77 | | registered nurses; 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC001412 - Page 3 of 11 |
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| 81 | 81 | | (14) Grant prescriptive privileges to advanced practice registered nurses; and 1 |
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| 82 | 82 | | (15) [Deleted by P.L. 2013, ch. 83, § 1 and P.L. 2013, ch. 93, § 1]; 2 |
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| 83 | 83 | | (16) [Deleted by P.L. 2013, ch. 83, § 1 and P.L. 2013, ch. 93, § 1]; 3 |
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| 84 | 84 | | (17) Adopt criteria for recognizing national certifying bodies for APRN roles and 4 |
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| 85 | 85 | | population foci; 5 |
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| 86 | 86 | | (18) Require a licensee to undergo a physical or psychiatric examination by a provider 6 |
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| 87 | 87 | | acceptable to the board, from a list provided to the licensee by the board, if probable cause exists 7 |
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| 88 | 88 | | to believe that allegations of misconduct against a licensee are caused by an impairment that has 8 |
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| 89 | 89 | | directly affected the ability of the licensee to conduct the licensee’s practice professionally; 9 |
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| 90 | 90 | | (19) To advise the licensee of the availability of the non-disciplinary alternative program, 10 |
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| 91 | 91 | | and in appropriate instances, to refer licensees for evaluation by appropriate medical professionals. 11 |
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| 92 | 92 | | 5-34-9. Register of nurses — Records — Issuance of licenses. 12 |
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| 93 | 93 | | The department shall license and renew licenses upon the recommendation of the board of 13 |
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| 94 | 94 | | nurse registration and nursing education and shall maintain a roster of all applicants for licensure 14 |
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| 95 | 95 | | and all nurses licensed under this chapter, which shall be open at all reasonable times to public 15 |
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| 96 | 96 | | inspection; and shall be custodian of all records pertaining to the roster and licensing of all nurses; 16 |
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| 97 | 97 | | and shall have the custody of the official seal. Denial of renewals shall be in accordance with § 5-17 |
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| 98 | 98 | | 34-24. The department shall issue all licenses to practice nursing only upon recommendation of the 18 |
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| 99 | 99 | | board of nurse registration and nursing education except as otherwise provided by law. 19 |
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| 100 | 100 | | 5-34-14. Qualifications of practical nurse applicants. 20 |
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| 101 | 101 | | An applicant for a license to practice as a licensed practical nurse shall submit to the board 21 |
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| 102 | 102 | | of nurse registration and nursing education written evidence on forms furnished by the department, 22 |
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| 103 | 103 | | verified by oath, that the applicant: 23 |
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| 104 | 104 | | (1) Has completed the preliminary educational requirements prescribed by the board; 24 |
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| 105 | 105 | | (2) Has furnished satisfactory proof that he or she successfully completed the prescribed 25 |
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| 106 | 106 | | curriculum in an a board approved program of practical nursing and holds a diploma or certificate 26 |
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| 107 | 107 | | from the program or is a graduate of an a board approved school of professional nursing or was a 27 |
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| 108 | 108 | | student in good standing at an a board approved school of professional nursing before completing 28 |
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| 109 | 109 | | the program of studies and, at the time of withdrawal, had completed a program of study, theory, 29 |
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| 110 | 110 | | and clinical practice equivalent to that required for graduation from an a board approved school of 30 |
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| 111 | 111 | | practical nursing; and 31 |
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| 112 | 112 | | (3) Is of good moral character. 32 |
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| 113 | 113 | | 5-34-19. Expiration and renewal of licenses. 33 |
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| 114 | 114 | | (a) The license of every person licensed under this chapter shall expire on the first day of 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC001412 - Page 4 of 11 |
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| 118 | 118 | | March of every other year following the date of license. On or before the first day of January of 1 |
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| 119 | 119 | | every year, the director shall electronically mail an application for renewal of license to persons 2 |
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| 120 | 120 | | scheduled to be licensed that year a notice for renewal of their license prior to the expiration date. 3 |
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| 121 | 121 | | Every person who wishes to renew his or her their license shall file with the department a duly 4 |
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| 122 | 122 | | executed renewal application together with the renewal fee as set forth in § 23-1-54. 5 |
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| 123 | 123 | | (b) Upon receipt of an the application accompanied by payment of fees, the department 6 |
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| 124 | 124 | | shall grant a renewal license effective March second and expiring two (2) years later on March 7 |
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| 125 | 125 | | first, and that renewal license shall render the holder a legal practitioner of nursing for the period 8 |
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| 126 | 126 | | stated on the certificate of renewal. Every person seeking renewal of a license pursuant to this 9 |
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| 127 | 127 | | section shall provide satisfactory evidence to the department that in the preceding two (2) years the 10 |
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| 128 | 128 | | practitioner has completed the ten (10) required continuing education hours as established by the 11 |
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| 129 | 129 | | department through rules and regulations. The department may extend for only one six-month (6) 12 |
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| 130 | 130 | | period these educational requirements if the department is satisfied that the applicant has suffered 13 |
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| 131 | 131 | | hardship that prevented meeting the educational requirement. A renewal application may be denied 14 |
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| 132 | 132 | | pursuant to § 5-34-24. 15 |
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| 133 | 133 | | (c) Any person practicing nursing during the time his or her license has lapsed shall be 16 |
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| 134 | 134 | | considered an illegal practitioner and is subject to the penalties provided for violation of this 17 |
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| 135 | 135 | | chapter. 18 |
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| 136 | 136 | | (d) A licensee whose license has expired by failure to renew may apply for reinstatement 19 |
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| 137 | 137 | | according to the rules established by the board. Upon satisfaction of the requirements for 20 |
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| 138 | 138 | | reinstatement, the board shall issue a renewal of license. 21 |
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| 139 | 139 | | 5-34-24. Grounds for discipline of licensees. 22 |
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| 140 | 140 | | The board of nurse registration and nursing education has the power to deny a renewal 23 |
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| 141 | 141 | | application, revoke, or suspend any license to practice nursing; to provide for a nondisciplinary non 24 |
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| 142 | 142 | | disciplinary alternative program only in situations involving alcohol or drug abuse drug or alcohol 25 |
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| 143 | 143 | | use disorder or mental illness; or to discipline a licensee upon proof that the person is: 26 |
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| 144 | 144 | | (1) Guilty of fraud or deceit in procuring or attempting to procure a license to practice 27 |
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| 145 | 145 | | nursing; 28 |
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| 146 | 146 | | (2) Guilty of a crime of gross immorality; 29 |
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| 147 | 147 | | (3) Unfit or incompetent by reason of negligence or habits; 30 |
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| 148 | 148 | | (4) Habitually intemperate or is addicted to the use of habit-forming drugs; 31 |
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| 149 | 149 | | (5) Mentally incompetent; 32 |
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| 150 | 150 | | (6) Guilty of unprofessional conduct that includes, but is not limited to, all of the above 33 |
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| 151 | 151 | | and also: 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC001412 - Page 5 of 11 |
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| 155 | 155 | | (i) Abandonment of a patient; 1 |
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| 156 | 156 | | (ii) Willfully making and filing false reports or records in the practice of nursing; 2 |
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| 157 | 157 | | (iii) Willful omission to file or record nursing records and reports required by law; 3 |
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| 158 | 158 | | (iv) Failure to furnish appropriate details of a client’s nursing needs to succeeding nurses 4 |
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| 159 | 159 | | legally qualified to provide continuing nursing services to a client; 5 |
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| 160 | 160 | | (v) Willful disregard of standards of nursing practice and failure to maintain standards 6 |
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| 161 | 161 | | established by the nursing profession; or 7 |
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| 162 | 162 | | (vi) Failing to furnish the board, its investigator, or representatives, information requested 8 |
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| 163 | 163 | | by the board; 9 |
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| 164 | 164 | | (vii) Failing to appear, upon written request, in front of the board or an investigative 10 |
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| 165 | 165 | | committee thereof; 11 |
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| 166 | 166 | | (viii) Failing to keep an up-to-date residential address on file with the licensing division of 12 |
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| 167 | 167 | | the department of health; 13 |
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| 168 | 168 | | (ix) Being subject to any disciplinary sanction from this or any other jurisdiction against 14 |
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| 169 | 169 | | any professional license, including any license related to the practice of nursing; or 15 |
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| 170 | 170 | | (x) Practicing nursing as an illegal practitioner pursuant to § 5-34-19(c). 16 |
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| 171 | 171 | | (7) Guilty of and willfully or repeatedly violating any of the provisions of this chapter 17 |
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| 172 | 172 | | and/or rule or regulation adopted pursuant to this chapter. 18 |
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| 173 | 173 | | 5-34-24.1. Nondisciplinary alternative Non disciplinary alternative program. 19 |
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| 174 | 174 | | (a) The board of nurse registration and nursing education may provide for a nondisciplinary 20 |
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| 175 | 175 | | non disciplinary alternative program in situations involving alcohol and drug abuse use disorder, 21 |
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| 176 | 176 | | or any mental illness as listed in the most recent revised publication or the most updated volume of 22 |
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| 177 | 177 | | either the Diagnostic and Statistical Manual of Mental Disorders (DSM) published by the American 23 |
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| 178 | 178 | | Psychiatric Association or the International Classification of Disease Manual (ICO) published by 24 |
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| 179 | 179 | | the World Health Organization and that substantially limits the life activities of the person with the 25 |
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| 180 | 180 | | illness; provided, that the nurse agrees to voluntarily participate in a program of treatment and 26 |
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| 181 | 181 | | rehabilitation. 27 |
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| 182 | 182 | | (b) All records pertaining to a nurse’s participation in the nondisciplinary non disciplinary 28 |
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| 183 | 183 | | alternative program are confidential and not subject to discovery, subpoena, or public disclosure; 29 |
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| 184 | 184 | | however, participation in the non disciplinary alternative program is indicated in the nurse licensing 30 |
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| 185 | 185 | | database for the National Council of State Boards of Nursing (NURSYS). Information related to 31 |
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| 186 | 186 | | the nondisciplinary non disciplinary alternative program shall be provided to the nurse’s employer 32 |
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| 187 | 187 | | to ensure adequate worksite monitoring and compliance. 33 |
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| 188 | 188 | | 5-34-25. Procedure for discipline of licensees. 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC001412 - Page 6 of 11 |
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| 192 | 192 | | (a) Upon filing a timely sworn complaint within a time period the board considers 1 |
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| 193 | 193 | | reasonable with the board charging a person with having been guilty of any of the actions specified 2 |
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| 194 | 194 | | in § 5-34-24, two (2) or more members of the board of nurse registration and nursing education 3 |
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| 195 | 195 | | immediately shall investigate those charges, or the board, after investigation, may institute charges. 4 |
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| 196 | 196 | | Any person, firm, corporation, or public officer may submit a written complaint to the department 5 |
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| 197 | 197 | | of health alleging that the holder of a license has violated § 5-34-24 or any other requirement in 6 |
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| 198 | 198 | | this chapter, specifying the grounds for the complaint. The department of health shall review all 7 |
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| 199 | 199 | | complaints. If the department of health determines that the complaint merits consideration, or if the 8 |
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| 200 | 200 | | board, on its own initiative without a formal complaint, has reason to believe that any holder of a 9 |
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| 201 | 201 | | license may be guilty of any of the actions specified in § 5-34-24 or other violations of this chapter, 10 |
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| 202 | 202 | | an investigative committee of two (2) or more members of the board of nurse registration and 11 |
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| 203 | 203 | | nursing education shall investigate those allegations. 12 |
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| 204 | 204 | | (b) In the event that investigation, in the opinion of the board or the investigative 13 |
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| 205 | 205 | | committee, reveals reasonable grounds for believing the applicant or licensee is guilty of the 14 |
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| 206 | 206 | | charges, the board shall notify the licensee of the charges allegations and the time and place for a 15 |
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| 207 | 207 | | hearing at least twenty (20) days prior to the time fixed for the hearing. At the hearing, the accused 16 |
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| 208 | 208 | | has the right to appear personally, or by counsel, or both, to produce witnesses, and to have 17 |
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| 209 | 209 | | subpoenas issued by the board. The attendance of witnesses and the production of books, 18 |
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| 210 | 210 | | documents, and papers at the hearing may be compelled by subpoenas issued by the board, which 19 |
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| 211 | 211 | | shall be served in accordance with the law. At the hearing, the board shall administer oaths that 20 |
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| 212 | 212 | | may be necessary for the proper conduct of the hearing. The board is not bound by the strict rules 21 |
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| 213 | 213 | | of procedure or by the laws of evidence in the conduct of its proceedings, but the determination 22 |
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| 214 | 214 | | shall be based upon sufficient legal evidence to sustain it. The board shall complete the 23 |
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| 215 | 215 | | investigation of each complaint and issue a decision within six (6) months of the receipt of the 24 |
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| 216 | 216 | | complaint. The board may extend the time for issuing its decision beyond the initial six-month (6) 25 |
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| 217 | 217 | | period in documented cases in which delays in the process are the direct result of requests or actions 26 |
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| 218 | 218 | | by the accused and/or his or her representative(s) or other good cause. The board, on a case-by-27 |
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| 219 | 219 | | case basis, for good cause shown in writing, may extend the time for issuing its decision. If the 28 |
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| 220 | 220 | | accused is found guilty of the charges, the board may revoke, suspend, or otherwise discipline a 29 |
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| 221 | 221 | | licensee. provide an opportunity for the licensee to request a hearing in writing within twenty (20) 30 |
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| 222 | 222 | | days of the issuance of the specification of charges. If no hearing is requested, the specification of 31 |
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| 223 | 223 | | charges shall become a final decision of the board. 32 |
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| 224 | 224 | | (c) All hearings held under this section shall be conducted in accordance with the 33 |
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| 225 | 225 | | provisions of chapter 35 of title 42, “administrative procedures act.” Upon a request for a hearing, 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC001412 - Page 7 of 11 |
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| 229 | 229 | | the hearing committee shall be designated by the board consisting of three (3) other members of 1 |
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| 230 | 230 | | the board. The hearing shall be conducted by a hearing officer appointed by the director of the 2 |
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| 231 | 231 | | department of health. The hearing officer shall be responsible for conducting the hearing. At the 3 |
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| 232 | 232 | | hearing, the accused has the right to appear personally, or by counsel, or both, to produce witnesses, 4 |
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| 233 | 233 | | and to have subpoenas issued by the board. The attendance of witnesses and the production of 5 |
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| 234 | 234 | | books, documents, and papers at the hearing may be compelled by subpoenas issued by the board, 6 |
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| 235 | 235 | | which shall be served in accordance with the law. At the hearing, the hearing officer shall 7 |
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| 236 | 236 | | administer oaths that may be necessary for the proper conduct of the hearing. The hearing is not 8 |
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| 237 | 237 | | bound by the strict rules of procedure or by the laws of evidence in the conduct of its proceedings, 9 |
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| 238 | 238 | | but the determination shall be based upon sufficient legal evidence to sustain it. 10 |
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| 239 | 239 | | After the conclusion of the hearing, the hearing committee shall read the transcript, review 11 |
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| 240 | 240 | | the evidence, and deliberate. If a majority of the members of the hearing committee vote in favor 12 |
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| 241 | 241 | | of finding the accused guilty of the violations as specified in the charges, the hearing committee 13 |
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| 242 | 242 | | shall meet with the hearing officer to communicate its findings and the hearing officer shall prepare 14 |
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| 243 | 243 | | a proposed decision with written findings of fact and law in support of that conclusion and a 15 |
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| 244 | 244 | | proposed sanction. The hearing committee shall review the proposed decision and accept or make 16 |
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| 245 | 245 | | changes prior to signing the decision. The board shall immediately transmit its findings, together 17 |
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| 246 | 246 | | with an order stating the sanction to be imposed upon the accused, to the director who shall, as soon 18 |
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| 247 | 247 | | as practicable, order that appropriate action be taken in accordance with the order of the board. If 19 |
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| 248 | 248 | | the accused is found not guilty, the board shall immediately issue an order dismissing the charges. 20 |
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| 249 | 249 | | The board shall make public all decisions, including all conclusions against a license holder 21 |
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| 250 | 250 | | as listed. The hearing committee shall issue a decision within six (6) months of charges. The board 22 |
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| 251 | 251 | | may extend the time for issuing its decision beyond the initial six (6) month period in documented 23 |
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| 252 | 252 | | cases in which delays in the process are the direct result of requests or actions by the accused and/or 24 |
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| 253 | 253 | | the accused representative(s) or other good cause. The board, on a case-by-case basis, for good 25 |
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| 254 | 254 | | cause shown in writing, may extend the time for issuing its decision. If the accused is found guilty 26 |
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| 255 | 255 | | of the charges, the board may revoke, suspend, deny or otherwise discipline a licensee. 27 |
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| 256 | 256 | | (d) No member of the board who participated in the investigation of a complaint may 28 |
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| 257 | 257 | | participate in any subsequent hearing on that complaint. 29 |
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| 258 | 258 | | 5-34-26. Grounds for discipline without a hearing. 30 |
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| 259 | 259 | | The director may temporarily suspend the license of a nurse without a hearing if the director 31 |
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| 260 | 260 | | finds that evidence in his or her their possession indicates that a nurse’s continuation in practice 32 |
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| 261 | 261 | | would constitute an immediate danger to the public. In the event that the director temporarily 33 |
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| 262 | 262 | | suspends the license of a nurse without a hearing, a hearing by the board a hearing committee must 34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC001412 - Page 8 of 11 |
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| 266 | 266 | | be held within ten (10) thirty (30) days after the suspension has occurred. The hearing shall be held 1 |
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| 267 | 267 | | in accordance with § 5-34-25(c) and a decision shall be issued in a timely manner. The hearing may 2 |
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| 268 | 268 | | only be delayed by agreement of the licensee and the hearing committee. 3 |
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| 269 | 269 | | 5-34-31. Practices and persons exempt. 4 |
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| 270 | 270 | | No provisions of this chapter shall be construed as prohibiting: 5 |
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| 271 | 271 | | (1) Gratuitous nursing by friends or members of the family or as prohibiting the care of the 6 |
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| 272 | 272 | | sick by domestic servants, housekeepers, nursemaids, companions, or household aides of any type, 7 |
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| 273 | 273 | | whether employed regularly or because of an emergency of illness, provided that person is 8 |
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| 274 | 274 | | employed primarily in a domestic capacity and does not hold themself out or accept employment 9 |
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| 275 | 275 | | as a person licensed to practice nursing for hire under the provisions of this chapter or as prohibiting 10 |
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| 276 | 276 | | nursing assistants in the case of any emergency; 11 |
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| 277 | 277 | | (2) The practice of nursing by students enrolled in approved educational programs of 12 |
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| 278 | 278 | | professional nursing or practical-nursing educational programs nor by graduates of those schools 13 |
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| 279 | 279 | | or courses before taking and receiving results of the National Council Licensure Examination 14 |
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| 280 | 280 | | (NCLEX), provided that they are licensed in this state within ninety (90) days from the date on the 15 |
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| 281 | 281 | | department’s licensing application fee receipt, in accordance with regulations prescribed by the 16 |
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| 282 | 282 | | board; 17 |
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| 283 | 283 | | (3) The supervised practice of nursing by graduates of approved educational programs of 18 |
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| 284 | 284 | | professional nursing or practical-nursing educational programs before taking and receiving results 19 |
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| 285 | 285 | | of the National Council Licensure Examination (NCLEX); provided that, they are licensed in this 20 |
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| 286 | 286 | | state within ninety (90) days of graduation. This temporary privilege shall not be renewed and shall 21 |
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| 287 | 287 | | automatically cease upon notification that the graduate nurse has failed the NCLEX; 22 |
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| 288 | 288 | | (3)(4) The practice of nursing in this state by any legally qualified nurse of another state 23 |
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| 289 | 289 | | whose engagement requires him or her to accompany and care for a patient temporarily residing in 24 |
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| 290 | 290 | | this state during the period of this engagement not to exceed six (6) months in length, provided that 25 |
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| 291 | 291 | | person does not represent or hold themself out as a nurse licensed to practice in this state; 26 |
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| 292 | 292 | | (4)(5) The practice of any legally qualified nurse of another state who is employed by the 27 |
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| 293 | 293 | | United States government or any bureau, division, or agency of the government while in the 28 |
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| 294 | 294 | | discharge of their official duties; 29 |
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| 295 | 295 | | (5)(6) Persons employed in state and licensed healthcare facilities, licensed homes for the 30 |
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| 296 | 296 | | aged and/or convalescent persons, and recognized public-health agencies from assisting in the 31 |
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| 297 | 297 | | nursing care of patients if adequate medical or nursing supervision is provided; 32 |
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| 298 | 298 | | (6)(7) Nursing care of the sick with or without compensation or personal profit when done 33 |
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| 299 | 299 | | in connection with the practice of the religious tenets of any recognized or established church by 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 302 | 302 | | LC001412 - Page 9 of 11 |
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| 303 | 303 | | adherents as long as they do not engage in the practice of nursing as defined in this chapter; 1 |
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| 304 | 304 | | (7)(8) Persons who provide acceptable evidence of being currently licensed by examination 2 |
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| 305 | 305 | | or endorsement under the laws of other states of the United States and the District of Columbia 3 |
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| 306 | 306 | | from practicing nursing in this state for a period of ninety (90) days from the date on the application 4 |
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| 307 | 307 | | fee receipt, provided that they are licensed in this state within ninety (90) days from the date on the 5 |
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| 308 | 308 | | application fee receipt. The original privilege to work ninety (90) days from the date on the 6 |
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| 309 | 309 | | application fee receipt shall not be extended or renewed. 7 |
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| 310 | 310 | | SECTION 2. Section 5-34-31.1 of the General Laws in Chapter 5-34 entitled "Nurses" is 8 |
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| 311 | 311 | | hereby repealed. 9 |
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| 312 | 312 | | 5-34-31.1. Practices and persons exempt — COVID-19. [Expires June 30, 2022.] 10 |
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| 313 | 313 | | (a) Notwithstanding the provisions of § 5-34-31, or any general law, rule, or regulation to 11 |
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| 314 | 314 | | the contrary, upon the effective date of this section, March 28, 2022, due to the public health crisis 12 |
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| 315 | 315 | | caused by COVID-19, the exemption in § 5-34-31(2) relating to the practice of nursing “pending 13 |
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| 316 | 316 | | the results of the licensing examinations following that graduation” is hereby suspended for 14 |
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| 317 | 317 | | registered nurse graduates; provided that, the registered nurse graduates shall: 15 |
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| 318 | 318 | | (1) Apply and receive a temporary graduate nursing license that is valid for a period not 16 |
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| 319 | 319 | | exceeding ninety (90) days; 17 |
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| 320 | 320 | | (2) Work under the supervision of licensed registered nurses; and 18 |
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| 321 | 321 | | (3) Comply with other applicable requirements. 19 |
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| 322 | 322 | | (b) The Rhode Island department of health shall promulgate and enforce any rules and 20 |
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| 323 | 323 | | regulations necessary to implement this section. 21 |
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| 324 | 324 | | (c) Unless extended by the general assembly, this section shall sunset on June 30, 2022. 22 |
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| 325 | 325 | | SECTION 3. Chapter 5-34 of the General Laws entitled "Nurses" is hereby amended by 23 |
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| 326 | 326 | | adding thereto the following section: 24 |
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| 327 | 327 | | 5-34-51. Closure of practice -- Preservation of records. 25 |
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| 328 | 328 | | (a) An APRN shall, at least ninety (90) days before closing their medical practice, give 26 |
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| 329 | 329 | | public notice as to the disposition of patients’ medical records in a newspaper with a statewide 27 |
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| 330 | 330 | | circulation, and shall notify the Rhode Island board of nursing registration and nursing education 28 |
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| 331 | 331 | | of the location of the records. The public notice shall include the date of the APRN’s retirement, 29 |
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| 332 | 332 | | and where and how patients may obtain their records both prior to and after closure of the practice. 30 |
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| 333 | 333 | | (b) The heirs or estate of a deceased APRN who had been practicing at the time of their 31 |
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| 334 | 334 | | death shall, within ninety (90) days of the APRN’s death, give public notice as to the disposition 32 |
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| 335 | 335 | | of patients’ medical records in a newspaper with a statewide circulation, and shall notify the Rhode 33 |
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| 336 | 336 | | Island board of nursing registration and nursing education of the location of the records. 34 |
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| 337 | 337 | | |
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| 338 | 338 | | |
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| 339 | 339 | | LC001412 - Page 10 of 11 |
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| 340 | 340 | | (c) Any APRN closing their medical practice, or the heirs or estate of a deceased APRN 1 |
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| 341 | 341 | | who had been practicing at the time of their death, shall dispose of the APRN’s patient records in 2 |
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| 342 | 342 | | a location and manner so that the records are maintained and accessible to patients. 3 |
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| 343 | 343 | | (d) Any person or corporation or other legal entity receiving medical records of any retired 4 |
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| 344 | 344 | | APRN or deceased APRN who had been practicing at the time of their death shall comply with and 5 |
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| 345 | 345 | | be subject to the provisions of chapter 37.3 of this title, (“confidentiality of health care 6 |
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| 346 | 346 | | communications and information act”), and shall be subject to the rules and regulations 7 |
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| 347 | 347 | | promulgated in accordance with § 23-1-48 and with the provisions of § 5-37-22(c) and (d), even 8 |
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| 348 | 348 | | though this person, corporation, or other legal entity is not an APRN or a physician. 9 |
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| 349 | 349 | | (e) In the event of an APRN leaving a practice, the APRN must provide written notice to 10 |
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| 350 | 350 | | their patients. 11 |
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| 351 | 351 | | SECTION 4. This act shall take effect upon passage. 12 |
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| 352 | 352 | | ======== |
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| 353 | 353 | | LC001412 |
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| 354 | 354 | | ======== |
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| 355 | 355 | | |
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| 356 | 356 | | |
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| 357 | 357 | | LC001412 - Page 11 of 11 |
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| 358 | 358 | | EXPLANATION |
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| 359 | 359 | | BY THE LEGISLATIVE COUNCIL |
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| 360 | 360 | | OF |
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| 361 | 361 | | A N A C T |
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| 362 | 362 | | RELATING TO BUSINESSES AND PROFESSIONS -- NURSES |
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| 363 | 363 | | *** |
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| 364 | 364 | | This act would make several changes to the licensing and disciplinary process of the board 1 |
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| 365 | 365 | | of nursing. 2 |
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| 366 | 366 | | This act would take effect upon passage. 3 |
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| 367 | 367 | | ======== |
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| 368 | 368 | | LC001412 |
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| 369 | 369 | | ======== |
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| 370 | 370 | | |
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